Tem o presente trabalho a finalidade central de construir uma proposta, sob a perspectiva dos princípios que informam a justiça de transição, de parâmetros para reparação dos danos sofridos por crianças e adolescentes vítimas diretas ou por via reflexa de violações de direitos humanos perpetradas...

Tem o presente trabalho a finalidade central de construir uma proposta, sob a perspectiva dos princípios que informam a justiça de transição, de parâmetros para reparação dos danos sofridos por crianças e adolescentes vítimas diretas ou por via reflexa de violações de direitos humanos perpetradas por agentes da ditadura militar instalada no Brasil em 1964, regime de exceção que perduraria por vinte anos. Nesse período, vários regimes de força se instalaram na América latina, à sombra do fantasma do comunismo e com apoio e sob os auspícios da potência estadunidense. Eram tempos da chamada Guerra-fria, quando disputavam os blocos de países comunistas e capitalistas a hegemonia econômica, cultural e política sobre o mundo, em entrechoque permanente, a gerar tensões que se irradiavam por todo o planeta. Ao longo da pesquisa buscou-se traçar a linha evolutiva do processo de internacionalização dos direitos humanos e a construção dos sistemas universal e regional de proteção dos direitos humanos, bem assim a progressiva afirmação da jurisdição internacional em matéria de direitos humanos. Fez-se um recorte específico da ditadura civil-militar implantada no Brasil, seus antecedentes históricos, seu processo de radicalização política, crimes e violências praticados em seu nome. Discorreu-se sobre os postulados da justiça transicional, conceito, características, tendências e experiências do direito comparado, com enfoque especial quanto às políticas brasileiras de verdade, memória e justiça, seus sucessos e insuficiências, destacando-se, quanto a essas últimas a inexistência de um olhar específico para as crianças e adolescentes vítimas do Estado de exceção. O tema foi apenas tangenciado pela Comissão Nacional da Verdade e jamais foi objeto de investigação por parte do Estado brasileiro, em que pese evidências, algumas recentes, de violências praticadas contra crianças e adolescentes, seu sequestro e apropriação inclusive. As políticas de verdade, memória e justiça, no Brasil, descuraram da criança e do adolescente, seja em razão da ausência de investigação e responsabilização dos autores dos crimes de que foram vítimas, seja porque, como pessoas em formação e como tal carecedoras de proteção integral, cujos interesses hão de se sobrepor a qualquer outro, conforme o atual estágio da reflexão doutrinária sobre o tema e dispõem as declarações de direitos, tratados e convenções internacionais, não se lhes dispensou tratamento que tomasse em linha de conta sua condição de especial vulnerabilidade. O presente estudo tem caráter de pesquisa bibliográfica e documental, tomadas como fontes ainda as produções acadêmicas de autores nacionais e estrangeiros sobre democracia, Estado de Direito, direitos humanos, Estado de exceção e justiça de transição. Já a pesquisa documental consistiu no levantamento e análise dos precedentes da Corte Interamericana de Direitos Humanos e da Comissão Interamericana de Direitos Humanos, nos documentos e relatórios tornados públicos pela Comissão Nacional da Verdade e Comissões Estaduais da Verdade.
Palavras-chave: Comissão Nacional da Verdade. Corte Interamericana de Direitos Humanos. Democracia. Direitos Humanos. Ditadura. Justiça de Transição. Reparação.

The central purpose of this academic thesis is to construct a proposal, from the perspective of the principles that inform transitional justice, of parameters for reparations for the damages suffered by children and adolescents who were direct victims or victims by reflexion of human rights...

The central purpose of this academic thesis is to construct a proposal, from the perspective of the principles that inform transitional justice, of parameters for reparations for the damages suffered by children and adolescents who were direct victims or victims by reflexion of human rights violations perpetrated by agents of the military dictatorship installed in Brazil in 1964, a regime of exception that would last for twenty years. During this period, several strong regimes were installed in Latin America, under the shadow of the phantom of communism and with the support and under the auspices of the United States. These were times of the so-called Cold War, when the economic, cultural, and political hegemony over the world was disputed by blocks of communist and capitalist countries, in a permanent clash, generating tensions that radiated all over the planet. Throughout the research, we sought to trace the evolutionary line of the process of internationalization of human rights and the construction of universal and regional human rights protection systems, as well as the progressive affirmation of international jurisdiction in the field of human rights. A specific cutout was made of the civil-military dictatorship implanted in Brazil, its historical antecedents, its process of political radicalization, and the crimes and violence practiced in its name. The postulates of transitional justice were discussed, as well as the concept, characteristics, tendencies, and experiences of comparative law, with special focus on Brazilian policies of truth, memory, and justice, their successes and shortcomings. The theme was only touched on by the National Truth Commission and was never investigated by the Brazilian state, despite evidence, some recent, of violence against children and adolescents, including their abduction and appropriation. Truth, memory and justice policies in Brazil have neglected children and adolescents, either because of the lack of investigation and accountability of the perpetrators of the crimes of which they were victims, or because, as people in the process of development and as such in need of full protection, whose interests must take precedence over any other, according to the current stage of doctrinal reflection on the subject and the declarations of rights, treaties and international conventions, they have not been treated in a way that takes into account their condition of special vulnerability. The present study has the character of a bibliographical and documental research, taking as sources the academic productions of national and foreign authors on democracy, rule of law, human rights, state of exception, and transitional justice. The documentary research consisted of a survey and analysis of the precedents of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, in the documents and reports made public by the National Truth Commission and the State Truth Commissions.
Keywords: National Truth Commission. Inter-American Court of Human Rights. Democracy. Human rights. Dictatorship. Transitional justice. Reparation.

The central purpose of this academic thesis is to construct a proposal, from the perspective of the principles that inform transitional justice, of parameters for reparations for the damages suffered by children and adolescents who were direct victims or victims by reflexion of human rights...

The central purpose of this academic thesis is to construct a proposal, from the perspective of the principles that inform transitional justice, of parameters for reparations for the damages suffered by children and adolescents who were direct victims or victims by reflexion of human rights violations perpetrated by agents of the military dictatorship installed in Brazil in 1964, a regime of exception that would last for twenty years. During this period, several strong regimes were installed in Latin America, under the shadow of the phantom of communism and with the support and under the auspices of the United States. These were times of the so-called Cold War, when the economic, cultural, and political hegemony over the world was disputed by blocks of communist and capitalist countries, in a permanent clash, generating tensions that radiated all over the planet. Throughout the research, we sought to trace the evolutionary line of the process of internationalization of human rights and the construction of universal and regional human rights protection systems, as well as the progressive affirmation of international jurisdiction in the field of human rights. A specific cutout was made of the civil-military dictatorship implanted in Brazil, its historical antecedents, its process of political radicalization, and the crimes and violence practiced in its name. The postulates of transitional justice were discussed, as well as the concept, characteristics, tendencies, and experiences of comparative law, with special focus on Brazilian policies of truth, memory, and justice, their successes and shortcomings. The theme was only touched on by the National Truth Commission and was never investigated by the Brazilian state, despite evidence, some recent, of violence against children and adolescents, including their abduction and appropriation. Truth, memory and justice policies in Brazil have neglected children and adolescents, either because of the lack of investigation and accountability of the perpetrators of the crimes of which they were victims, or because, as people in the process of development and as such in need of full protection, whose interests must take precedence over any other, according to the current stage of doctrinal reflection on the subject and the declarations of rights, treaties and international conventions, they have not been treated in a way that takes into account their condition of special vulnerability. The present study has the character of a bibliographical and documental research, taking as sources the academic productions of national and foreign authors on democracy, rule of law, human rights, state of exception, and transitional justice. The documentary research consisted of a survey and analysis of the precedents of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, in the documents and reports made public by the National Truth Commission and the State Truth Commissions.
Keywords: National Truth Commission. Inter-American Court of Human Rights. Democracy. Human rights. Dictatorship. Transitional justice. Reparation.

The central purpose of this academic thesis is to construct a proposal, from the perspective of the principles that inform transitional justice, of parameters for reparations for the damages suffered by children and adolescents who were direct victims or victims by reflexion of human rights...

The central purpose of this academic thesis is to construct a proposal, from the perspective of the principles that inform transitional justice, of parameters for reparations for the damages suffered by children and adolescents who were direct victims or victims by reflexion of human rights violations perpetrated by agents of the military dictatorship installed in Brazil in 1964, a regime of exception that would last for twenty years. During this period, several strong regimes were installed in Latin America, under the shadow of the phantom of communism and with the support and under the auspices of the United States. These were times of the so-called Cold War, when the economic, cultural, and political hegemony over the world was disputed by blocks of communist and capitalist countries, in a permanent clash, generating tensions that radiated all over the planet. Throughout the research, we sought to trace the evolutionary line of the process of internationalization of human rights and the construction of universal and regional human rights protection systems, as well as the progressive affirmation of international jurisdiction in the field of human rights. A specific cutout was made of the civil-military dictatorship implanted in Brazil, its historical antecedents, its process of political radicalization, and the crimes and violence practiced in its name. The postulates of transitional justice were discussed, as well as the concept, characteristics, tendencies, and experiences of comparative law, with special focus on Brazilian policies of truth, memory, and justice, their successes and shortcomings. The theme was only touched on by the National Truth Commission and was never investigated by the Brazilian state, despite evidence, some recent, of violence against children and adolescents, including their abduction and appropriation. Truth, memory and justice policies in Brazil have neglected children and adolescents, either because of the lack of investigation and accountability of the perpetrators of the crimes of which they were victims, or because, as people in the process of development and as such in need of full protection, whose interests must take precedence over any other, according to the current stage of doctrinal reflection on the subject and the declarations of rights, treaties and international conventions, they have not been treated in a way that takes into account their condition of special vulnerability. The present study has the character of a bibliographical and documental research, taking as sources the academic productions of national and foreign authors on democracy, rule of law, human rights, state of exception, and transitional justice. The documentary research consisted of a survey and analysis of the precedents of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, in the documents and reports made public by the National Truth Commission and the State Truth Commissions.
Keywords: National Truth Commission. Inter-American Court of Human Rights. Democracy. Human rights. Dictatorship. Transitional justice. Reparation.

The central purpose of this academic thesis is to construct a proposal, from the perspective of the principles that inform transitional justice, of parameters for reparations for the damages suffered by children and adolescents who were direct victims or victims by reflexion of human rights...

The central purpose of this academic thesis is to construct a proposal, from the perspective of the principles that inform transitional justice, of parameters for reparations for the damages suffered by children and adolescents who were direct victims or victims by reflexion of human rights violations perpetrated by agents of the military dictatorship installed in Brazil in 1964, a regime of exception that would last for twenty years. During this period, several strong regimes were installed in Latin America, under the shadow of the phantom of communism and with the support and under the auspices of the United States. These were times of the so-called Cold War, when the economic, cultural, and political hegemony over the world was disputed by blocks of communist and capitalist countries, in a permanent clash, generating tensions that radiated all over the planet. Throughout the research, we sought to trace the evolutionary line of the process of internationalization of human rights and the construction of universal and regional human rights protection systems, as well as the progressive affirmation of international jurisdiction in the field of human rights. A specific cutout was made of the civil-military dictatorship implanted in Brazil, its historical antecedents, its process of political radicalization, and the crimes and violence practiced in its name. The postulates of transitional justice were discussed, as well as the concept, characteristics, tendencies, and experiences of comparative law, with special focus on Brazilian policies of truth, memory, and justice, their successes and shortcomings. The theme was only touched on by the National Truth Commission and was never investigated by the Brazilian state, despite evidence, some recent, of violence against children and adolescents, including their abduction and appropriation. Truth, memory and justice policies in Brazil have neglected children and adolescents, either because of the lack of investigation and accountability of the perpetrators of the crimes of which they were victims, or because, as people in the process of development and as such in need of full protection, whose interests must take precedence over any other, according to the current stage of doctrinal reflection on the subject and the declarations of rights, treaties and international conventions, they have not been treated in a way that takes into account their condition of special vulnerability. The present study has the character of a bibliographical and documental research, taking as sources the academic productions of national and foreign authors on democracy, rule of law, human rights, state of exception, and transitional justice. The documentary research consisted of a survey and analysis of the precedents of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, in the documents and reports made public by the National Truth Commission and the State Truth Commissions.
Keywords: National Truth Commission. Inter-American Court of Human Rights. Democracy. Human rights. Dictatorship. Transitional justice. Reparation.